CHAPTER 88.

House Bill No. 130.

AUTOMOBILE ANTI-THEFT LAW.

AN ACT relating to and concerning the theft of automobiles and automobile parts, equipment, attachments, accessories and appurtenances, and for the protection of the public against such thefts; for bills of sale, certificates of ownership and assignments thereof; for the administration and enforcement of this act by the secretary of state; defining offenses and prescribing penalties for violation of this act; providing for the employment by the secretary of state of motor vehicle inspectors to enforce the provisions of this act and of Chapter 69, Session Laws of Wyoming, 1921, and granting such inspectors necessary enforcement authority; providing for seizure of suspected automobiles and their disposition, and repealing Section 28, Chapter 69, Session Laws of Wyoming, 1921, and all acts and parts of acts in conflict herewith.

Be It Enacted by the Legislature of the State of Wyoming:

Definitions.

Section 1. The words and phrases in this act shall, for the purposes of this act, except when otherwise expressly provided, be construed as follows: AUTOMOBILE shall be construed to include all vehicles of whatever description propelled by any power other than muscular, except vehicles running on rails;

OWNER shall be construed to include any person, firm, co-partnership, association or corporation;

DEALER shall be construed to include all persons, firms, co-partnerships, associations or corporations engaged in the business or vocation of manufacturing, buying, selling, trading or dealing in automobiles, or in second-hand or used automobile parts, equipment, attachments, accessories or appurtenances common to or a part of automobiles;

OFFICER shall be construed to mean any duly constituted peace officer of this State, or of any town, city or county in this State;

The word PERSON shall be construed to include a co-partnership, company, corporation or association.

Theft of Automobiles-Penalty.

Section 2. Any person or persons who shall without specific authority of the owner or his duly authorized and accredited agent, wilfully, wantonly, or maliciously take possession of, or drive, or propel, or take away, or attempt to take possession of, drive, propel, or take away an automobile, the property of another, for the purpose of temporarily making use of the same, or who shall knowingly aid, abet or assist another in so doing shall, upon conviction, be guilty of a felony and shall be punished by imprisonment in the state penitentiary for not less than one year nor more than ten years.

Sale of Stolen Automobiles or Parts-Penalty.

Section 3. Any person who buys, sells, exchanges, trades, receives, conceals or alters the appearance of an automobile, or any automobile part, equipment, attachment, accessory or appurtenance, the property of another, or any person who attempts so to do, or any person who aids or abets in the commission or attempted commission of such act or acts, knowing or having reasonable cause to know and believe that such automobile or automobile part, equipment, attachment, accessory or appurtenance is stolen property shall, on conviction be guilty of a felony and shall be imprisoned in the state penitentiary not less than one year, nor more than ten years.

Theft of Parts or Accessories of a Value of Less than $20.00-Penalty.

Section 4. Any person who shall wilfully, maliciously or unlawfully remove or attempt to remove or detach or take from an automobile, the property of another, any part, equipment, attachment, accessory or appurtenance contained in, or forming a part thereof, of a total or combined value of less than twenty dollars ($20.00); and any person who shall wilfully, maliciously or unlawfully tighten, loosen or attempt to tighten or loosen any bolt, bracket, wire, screw or other fastening contained in, on or forming a part of such automobile; and any person who shall wilfully, maliciously or unlawfully shift or change or attempt to shift or change the gears or brakes of such automobile; and any person who shall scratch, mar, mark or otherwise damage an automobile, or any part thereof, while committing or attempting to commit such unlawful act or acts; and any person or persons aiding, abetting or assisting in the commission or attempted commission of any such unlawful act or acts enumerated in this section shall, upon conviction, be guilty of a misdemeanor and shall be fined in a sum of not more than five hundred dollars ($500.00) or shall be imprisoned in the county jail not less than one month nor more than six months, or both.

Theft of Parts and Accessories of a Value of More than $20.00-Penalty.

Section 5. Any person who shall wilfully and feloniously remove, detach or take from an automobile, the property of another, any part, equipment, attachment, accessory or appurtenance contained in, on or forming a part thereof, of a total or combined value of twenty dollars ($20.00) or more; and any person who aids, abets or assists in the commission of any such wilful and felonious act or acts, shall, upon conviction, be guilty of a felony, and be imprisoned in the state penitentiary for a term of not less than one nor more than ten years.

Bill of Sale to be Furnished by Vendor.

Section 6. It shall be the duty of every dealer to furnish to each purchaser of a new automobile a bill of sale, or certificate of ownership, therefor on a form prescribed by the secretary of state; and it shall be the duty of every owner of a second-hand or used automobile upon the sale or other disposition thereof to furnish to the purchaser the original bill of sale, or a certificate of ownership, duly sworn to, or a duly certified copy thereof, as hereinafter provided for, and to attach thereto an assignment thereof, duly executed by the owner to the purchaser; such assignment to be subscribed and sworn to before an officer duly authorized to take oaths; and all subsequent assignments shall be executed in the same manner and attached to the original bill of sale, or certificate of ownership, with all previous assignments attached thereto, or a duly certified copy thereof, as hereinafter provided.

Sale of Automobile Without Bill of Sale-Penalty.

Section 7. (a) It shall be unlawful for any person, firm or corporation to offer for sale, attempt to sell or to sell any second-hand or used automobile unless the original bill of sale thereof, or certificate of ownership as provided for in this act, and all assignments thereof, if any, shall have been recorded in the office of the county clerk and recorder of the County where such second-hand or used automobile is offered for sale, and it shall be unlawful for any person, firm or corporation to purchase a second-hand or used automobile unless the original bill of sale or certificate of ownership, as provided for in this act, or a duly certified copy thereof, together with all previous assignments as above provided for have been duly recorded in the county where such transaction takes place, and the said bill of sale or certificate of

ownership, as provided for in this act, and assignments or duly certified copies thereof are delivered with the second-hand or used automobile. Any person convicted of violation of the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars.

(b) It shall be and hereby is made the duty of the county clerks of the several counties in this state to record or cause to be recorded in a suitable record book all bills of sale and certificates of ownership, and assignments thereof, provided for in this act, and said county clerks shall receive as fees for the recording of such instruments and for certified copies thereof the fees prescribed by law for their services in recording and issuing certified copies of documents or instruments of similar character or kind; provided, such certified copy of the original bill of sale, certificate of ownership and assignments thereof, shall be taken and deemed to be the original for the purposes of this act; provided, also, said county clerks shall on each working day transmit to the secretary of state, on forms to be furnished by him an abstract of the record of all instruments provided for in this act and recorded or filed or certified to by said county clerk during the preceding twenty-four (24) hours, and the secretary of state shall file and keep such reports in convenient form and same shall be open to the inspection of the public during reasonable business hours.

(c) It is hereby provided that no state registration license certificates shall be issued by the secretary of state, or his authorized agents, for the registration of any automobile, the owner of which fails or refuses on request to produce for examination an original bill of sale, or a certificate of ownership, and assignments, if any, of such bill of sale or certificate of ownership, and any automobile the owner of which so refuses or fails to so present such bill of sale, certificate of ownership and assignments, if any, may be seized and held by the secretary of state, his authorized agents, or motor vehicle inspectors, for reasonable time in which to investigate rightful ownership of such automobile.

Certificates of Ownership.

Section 8. It is herein and hereby provided that in the event a dealer, or an owner of an automobile that was acquired or purchased previous to the taking of effect of this act is unable to obtain or secure an original bill of sale, or assignments thereof, or a certified copy thereof, then such dealer or owner before selling or disposing of such automobile shall execute an instrument to be known and designated as a "Certificate of Ownership" on a form prescribed by the secretary of state, and such certificate of ownership thereafter shall have the same force and effect and be taken and considered the same as an original bill of sale; provided, such certificate of ownership shall contain the place and date it is executed, a description of such automobile, including the make, style, engine or motor number thereof, the last previous state registration license number, from whom and where and when purchased, the full name and address of said owner, legibly written, and shall be duly executed as herein before provided. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00).

Fraudulent Bill of Sale-Penalty.

Section 9. Any person who shall knowingly, wilfully and feloniously execute a false or fraudulent bill of sale, certificate of ownership, or assignment thereof, shall, upon conviction, be deemed guilty of a felony, and shall be punished by imprisonment in the state penitentiary for a term of not less than one nor more than ten years.

Records of Secretary of State.

Section 10. It shall be the duty of the secretary of state to keep the records herein provided for in a suitable manner, which records shall be open to inspection by the public, and the secretary of state shall make or cause to be made, certified copies of his record upon request, for which he shall receive the fee prescribed by law, and such certified copies of the records of the office of the secretary of state pertaining to automobiles, shall be admitted in evidence in all courts of the State to prove title to such automobiles.

Seizure of Suspected Automobiles.

Section 11. All officers are hereby empowered, authorized and directed to take and hold possession of any automobile the engine or motor number of which has been altered, changed or obliterated, or of any automobile which such officer may have good and sufficient reason to believe is not in the rightful possession of the driver or person in charge thereof for such reasonable time as may be necessary; provided, it shall be and is hereby made the duty of any such officer so taking possession of any such automobile, on being informed concerning any such automobile, to immediately notify the secretary of state thereof and also the rightful owner thereof if known, such notification to contain a description of such automobile and any other helpful facts that may assist in locating or establishing the rightful ownership thereof, or in prosecuting any person for a violation of the provisions of this act.

Altering Engine Number-Penalty-Possession of Automobile with Altered Number.

Section 12. (a) Any person convicted of destroying, removing, altering or defacing any motor vehicle engine or motor number for the purpose or with the intent of concealing the identity of such vehicle or engine or motor shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state penitentiary for not less than one year nor more than ten years.

(b) Any person or persons who after the taking effect of this act shall have in his or their possession a motor vehicle, the original engine or motor number of which has been destroyed, removed, altered or defaced, shall apply to the secretary of state forthwith for permission to make or stamp or cause to be made or stamped on the engine or motor of such motor vehicle a special engine number to be designated by the secretary of state, and to be thereafter the lawful registration engine or motor number of such motor vehicle; provided, the secretary of state shall first satisfy himself that the applicant for such special engine or motor number is the lawful owner of such motor vehicle; provided, further, an application blank is to be furnished by the secretary of state for the registration of such special engine or motor number, said application to contain as complete a description as possible of such motor vehicle, the name and address of the owner, from whom purchased and such other information as may be required by the secretary of state; provided, further, a registration fee of one dollar shall be paid for the granting of such special engine or motor number.

(c) In designating special engine or motor numbers for such motor vehicles the secretary of state shall assign the same consecutively, beginning with the Number 501, preceded by the letter "S" and following by the letter "W" in the order of the filing of applications therefor; provided, further, that from and after the passage of this act the secretary of state shall not register or re-register any motor vehicle with a defective engine or motor number.

Violations-Penalty.

Section 13. Any person violating any of the provisions of this act unless otherwise specifically provided for in this act, shall upon conviction be guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500.00), or imprisonment in the county jail for a period not exceeding six months, or both.

Motor Vehicle Inspectors-Appointment—Bond.

Section 14. The secretary of state is authorized to appoint two motor vehicle inspectors to enforce the provisions of this act and of Chapter 69, Session Laws of Wyoming, 1921, and to purchase all necessary equipment. Such inspectors shall have such powers and perform such duties in each and every county of the State of Wyoming as are now enjoyed by and required of all peace officers, in so far as such powers and duties relate to the enforcement of the provisions of this act or to the provisions of Chapter 69, Session Laws of Wyoming, 1921. Each of such inspectors shall enter into a bond in the sum of four thousand dollars, with sufficient sureties, conditioned upon the performance of the duties assigned to him, and the payment to the secretary of state of all monies coming into his hands by virtue of his position. Disposition of Seized Automobiles.

Section 15. All automobiles seized under the provisions of Section 11 of this act remaining unclaimed after six months from the date of seizure, shall be sold by the secretary of state or his authorized representative, at public auction, to the highest bidder. Notice of such sale shall be published not less than ten days preceding the date of the sale in a newspaper of general circulation in the county where the automobile is to be sold, giving a full description of the car together with engine or serial numbers or marks, if any. All expenses incident to the sale and storage of such automobile shall be first paid from the receipts from such sale, and any residue shall be paid by the secretary of state to the state treasurer for credit to the general fund. Should any claimant prove ownership of any automobile sold by the secretary of state under the provisions of this act within six months after the date of such sale, the state auditor shall upon proper proof of ownership approved by the secretary of state, draw a warrant upon the state treasurer in favor of such claimant for the amount which was paid into the state treasury.

Constitutionality.

Section 16. If any section, sub-section, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The State Legislature hereby declares that it would have passed this act, and each section, sub-section, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitutional.

Repeal.

Section 17. Section 28, Chapter 69, Session Laws of Wyoming, 1921, and all acts and parts of acts in conflict herewith are hereby repealed. When Effective.

Section 18. This act shall take effect and be in force from and after July first, 1923, except Section 14 hereof, which shall take effect and be in force from and after April first, 1923.

Approved March 2, 1923.